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STATE v. SMITH

No. 7529SC669.

220 S.E.2d 858 (1976)

28 N.C. App. 314

STATE of North Carolina v. John Junior SMITH.

Court of Appeals of North Carolina.

January 7, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Elisha H. Bunting, Jr., Raleigh, for the State.

Hamrick, Bowen & Nanney by Louis W. Nanney, Jr., Rutherfordton, for defendant.

BROCK, Chief Judge.

Defendant argues that the trial judge instructed the jury that defendant had the burden of proving that he acted in self-defense. Defendant cites Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). In our view the principles of Mullaney have no application to the instructions in the case now before us. It has long been the rule in North Carolina that a defendant, in cases not involving...

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